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Suspect Jaacob Van Winkle to have preliminary hearing June 30-July 2

By Christy Steadman

steadmanc@canoncitydailyrecord.com

Posted:
06/11/2014 09:32:29 PM MDT

Authorities investigate a triple homicide in March on Phay Avenue in Cañon City. Jaacob Van Winkle, 31, was arrested without incident inside the home where the alleged incident occurred. (Michael Alcala / Daily Record)

Jaacob Van Winkle

Fremont County Coroner Carlette Brocious, on Wednesday evening, released the autopsy reports of the March 9 triple homicide victims.

The suspect, Jaacob Van Winkle, 31, is accused of killing Mandy Folsom, 35, and her two children, Marissa, 9, and Mason, 5.

The coroner's reports suggest that the deaths were caused by "multiple incised wounds," apparent on the three victims. The arrest affidavit identifies the suspected murder weapon as a knife.

The three autopsy reports state that "investigation and autopsy findings are consistent with these injuries being the result of the actions of another person(s)."

Van Winkle, 31, is being charged with 14 counts of murder in the first degree, six counts of sexual assault, two counts of child abuse resulting in death, two counts of second-degree kidnapping, and one count each of assault in the first degree, sexual assault on a child, sexual assault on a child by one in a position of trust, sexual assault on a child by one in a position of trust — pattern of abuse and unlawful sexual contact. All are felony charges.

Additional charges are sentence enhancers of six counts of crime of violence and one count of habitual sexual offender against children.

Van Winkle was arrested March 9, and District Judge David Thorson found probable cause to proceed in the case at an advisement hearing March 10. Charges against Van Winkle formally were filed March 20.

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The 11th Judicial District unsealed the affidavits in the case May 2.

The affidavit states the Cañon City Police Department received a call at about 8:10 p.m. March 9 from a female stating that "she had been raped" and that her family members were "tied up in the garage" at a home near the 1100 block of Phay Avenue.

"Law enforcement officers from the CCPD and the Fremont County Sheriff's Office subsequently responded and set a perimeter around the residence ... and made entry into the detached garage ... but located no persons inside," states the affidavit.

A memorial was placed at the home where a triple homicide was reported in March. Mandy Folsom, 35, and her two children, Mason, 5, and Marissa, 9, were found dead inside the home. (Michael Alcala / Daily Record)

According to the affidavit, five officers entered the bi-level house, contacted and detained Van Winkle in a bedroom in the upper-level of the home.

The three victims were discovered deceased in a downstairs bedroom, according to the affidavit.

The reporting party was identified as Folsom's oldest daughter, age 16. As a victim of sexual assault, her name is not being released.

In an interview with the teen victim at St. Thomas More Hospital, she told a CCPD detective that "Van Winkle took several of her mother's (medical) pills" and after a second sexual assault, Van Winkle "passed out," and she was able to escape and "went to the neighbor's residence for help," according to the affidavit.

The affidavit states that Van Winkle was interviewed "after his detention" and "although he denied committing the murders, he admitted to sexually assaulting" the teen. According to the affidavit, "he told investigators he had found the two children and mother dead, but chose not to notify law enforcement due to his being a wanted fugitive."

The affidavit states that "Van Winkle told (investigators) that he had blood on his hands from touching the bodies" and "he claimed to have found the suspected murder weapon, a knife, on the bed," which he wrapped in sheets and hid in a crawlspace.

The affidavit states that investigators "discovered the insulated undershirt Van Winkle had been wearing was blood stained."

According to the affidavit, the teen victim also stated that "during the incident, Van Winkle told (her) that he had committed a murder in Indiana." In his interview, the affidavit states that "he denied this but then went on to say that (she) might have been referring to a friend of his."

WCSI, an Indiana-based news/talk radio station, reported that Van Winkle was questioned in September 2011 in Indiana on the death of his landlord, Michael Eaton, 50.

The Indiana-based Brown County Democrat reported that Eaton's sister reported him missing Sept. 13, 2011, and authorities authorities "found a badly decomposed body underneath clutter in a bedroom" of Eaton's residence, where Van Winkle had been renting a room. According to the Brown County Democrat, the Johnson County sheriff determined Eaton had been dead for at least two weeks and an autopsy on the cause of death was "inconclusive."

The Brown County Democrat reported that "Johnson County Sheriff's Office deputies and Whiteland police found him (Van Winkle) in a tent in the woods," and arrested him "on a warrant for parole violation."

WCSI reported that Van Winkle was never charged for the alleged murder.

At Van Winkle's March 10 advisement hearing in the Fremont County Courthouse, Judge Thorson said he is also being held on a failure-to-appear warrant issued out of Adams County. According to an Adams County court clerk, the warrant involves a protection order violation.

WCSI reported that according to the Indiana Department of Corrections, Van Winkle was "convicted of child molesting and vicarious sexual gratification in Johnson County in 2004." WCSI reports that "he was sentenced to four years and five months in prison on the child molesting count and 18 months in prison on the sexual gratification count. In 2007, Van Winkle was sentenced to an additional two years and nine months in prison on the same child molesting case, according to the Department of Corrections."

Van Winkle is being held in the Fremont County Jail on a no-bond hold, and in addition to the murder charges, he is also is being held on a separate case for failure to register as a sex offender.

Van Winkle's next court appearance will be a preliminary/proof evident hearing, during which the defense will request bond, at 9 a.m. June 30 through July 2.

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